Munusamy v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1.Munusamy 2.Prathish Kumar ..Petitioners Vs State by Inspector of Police, Arcot Town Police Station, Ranipet District.

[Crime No.174 of 2026] ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners on bail in the event of arrest by the respondent police in crime No.174 of 2026 on the file of the respondent police.

For Petitioner:

Mr. Thirumoorthy D For Respondent:

Ms.R.S.Indira Government Advocate (Criminal Side)

ORDER

The petitioners apprehends arrest for the alleged offence under Sections 296(b), 115(2), 118(1) and 351(3) of BNS Act, 2023 [294(b), 323, 324 and 506(2) of IPC] in Crime No.174 of 2026 on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that on 17.05.2026, the petitioners due to previous enmity, abused the defacto complainant in a filthy language and also threatened with dire consequences. Hence, the case.

3. The learned counsel for the petitioners submitted that this is a case and counter-case. He further submitted that the petitioners are innocent and have been falsely implicated in the case. He also submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured has been discharged from the hospital, and there are no adverse antecedents against the petitioners. However, she opposed to grant anticipatory bail to the petitioners.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the submissions of the learned Government Advocate (Crl. Side) that the petitioners have no adverse antecedents, that the FIR was

registered on 17.05.2026, and that the injured person has already been discharged from the hospital, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Arcot, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioners fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioners shall report before the respondent police as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

08-06-2026 Index: Yes/No Speaking/Non-speaking order VEDA To 1.Judicial Magistrate, Arcot.

2.Inspector of Police, Arcot Town Police Station, Ranipet District.

3.The Public Prosecutor, Madras High Court.

C.KUMARAPPAN, J.

VEDA 08-06-2026